CMW/C/SYR/Q/1/Add.1

page 1

UNITED
NATIONS / CMW
/ International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families / Distr.
GENERAL
CMW/C/SYR/Q/1/Add.1
3 April 2008
Original: ENGLISH

COMMITTEE ON THE PROTECTION OF THE
RIGHTS OF ALL MIGRANT WORKERS AND
MEMBERS OF THEIR FAMILIES

WRITTEN REPLIES BY THE GOVERNMENT OF THE SYRIAN ARABREPUBLIC CONCERNING THE LIST OF ISSUES (CMW/C/SYR/Q/1)RECEIVED BY THE COMMITTEE ON THE PROTECTION OF THERIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIRFAMILIES RELATING TO THE CONSIDERATION OF THE INITIAL REPORT OF THE SYRIAN ARAB REPUBLIC (CMW/C/SYR/1)[* ]

[Received on 3 March 2008]

[Original: Arabic]

CONTENTS

Paragraphs Page

I.GENERAL INFORMATION ...... 1 - 363

II.INFORMATION RELATING TO ARTICLESOF THE
CONVENTION ...... 37 - 8010

A.Part III of the Convention ...... 37 - 6110

B.Part IV of the Convention ...... 62 - 7214

C.Part V of the Convention ...... 73 - 7416

D.Part VI of the Convention ...... 75 - 8017

I. GENERAL INFORMATION

Q1. While noting the State party’s explanation that there is no database with accurate quantitative information on migration flows, the Committee would appreciate to receive estimates with regard to the numbers of immigrants, migrants in transit and emigrants, disaggregated by gender, age and nationality. The Committee would also like to receive information on any plans to generate improved statistics in the area of migration.

1.There is no statistical database that can answer all your questions, given the modus operandi of the Directorate of Immigration and Passports, which allows Arabs to enter the country without an entry visa, making it difficult to capture precisely the number of entries and exits. Statistics on the number of Syrians, Arabs and foreigners entering and leaving the country in 2007 are attached. Perhaps they will go some way to answering your question.

2.As regards Iraqis, they are in the Syrian Arab Republic temporarily and are not considered to be migrant workers; rather, they have been displaced as a result of the security situation.

3.Nonetheless, there are a few who have obtained work permits: approximately 550 workers have done so. All the laws place them on an equal footing with Syrians. This does not mean that they do not work and compete on the labour market through the informal sector.

4.Despite the difficulties that the Ministry of the Interior faces, as a result of the economic embargo imposed on the Syrian Arab Republic, in getting access to advanced technology to help it to create a comprehensive database using modern scientific methods, the Ministry, as we have learned, is working to create a comprehensive database containing the information necessary to meet future needs.

Q2. Please inform the Committee of specific legislative, administrative or other measures taken to implement the provisions of the Convention following its ratification by the State party.

5.The State party has adopted various administrative and legislative measures to meet the objectives of the Convention; the most important of these are listed below:

(a)Issuance of Prime Ministerial Decision No. 81 of 21 November 2006 regulating the employment and recruitment of non Syrian female domestic workers;

(b)Issuance of Decree No. 62 of 1 October 2007 establishing a framework for the recruitment of female domestic workers in accordance with the Constitution and the law (copy attached);

(c)Establishment of the national committee that drafted a bill on human trafficking offences, which has been submitted to the competent authorities with a view to adoption;

(d)Holding of five workshops in Damascus on migration and trafficking issues, with the participation of representatives from the relevant ministries, as well as the People’s Assembly, civil society, lawyers and judges;

(e)A technical committee of the Ministry of Social Affairs and Labour has drafted a new bill on civil associations and foundations (civil society organizations);

(f)The Ministry of Social Affairs and Labour has signed a memorandum of understanding with the International Organization for Migration (IOM) on national capacity building with regard to the running of a shelter for victims of human trafficking in Syria. The agreement is aimed at building and enhancing the technical capacity of government workers and representatives of civil society associations responsible for running the shelter.

Q3. Please explain how the continued state of emergency affects the application of the Constitution, specific laws, international treaties and migrant workers’ enjoyment of their rights.

6.The Emergency Act issued in Legislative Decree No. 51 of 22 December 1962, as amended by Legislative Decree No. 1 of 9 March 1963, and which is currently in force in the Syrian Arab Republic, is an exceptional measure taken in response to the existence of circumstances constituting an imminent threat to the country’s integrity. It empowers the competent authorities to take the necessary measures to protect the State and its citizens.

7.Since 1948, the Syrian Arab Republic, a founding member of the United Nations, has been subjected to a real threat of war by Israel. Indeed, on many occasions, this threat has culminated in actual attacks upon the territory, airspace and territorial waters of the Syrian Arab Republic, particularly in 1967, when Israel seized part of the territory of the Syrian Arab Republic, which it is still occupying, and expelled large numbers of the citizens of the Syrian Golan. The most recent Israeli attacks were the attack on Ayn al Sahib on 5 October 2003, the violation of Syrian airspace on 28 June 2006, and the latest attack on 6 September 2007.

8.This state of affairs, namely, a state of war, Israel’s continued occupation of part of the territory of the Syrian Arab Republic, and the real threat of expansion of the occupation, in violation of United Nations resolutions, gave rise to exceptional circumstances requiring the declaration of a state of emergency. We would point out, at this juncture, that Syrian workers in the occupied Golan do not enjoy the rights laid down in international treaties and labour regulations which must be assured by the occupying State.

9.In view of the above, the state of emergency clearly has no bearing on labour issues, which are normal and natural in every respect, both for Syrians and migrant workers in Syria. It is obvious that the state of emergency is confined to security matters, and does not extend to labour issues, neither does it affect migrants except in the event of a breach of national security or contact with the enemy.

10.In order to avoid excesses in the implementation of the state of emergency, restrictions were imposed on the application of the Act, allowing the competent courts to overturn the decisions of military courts. The following are some examples of judgements overturning such decisions:

(a)Administrative court ruling No. 140/M of 6 April 1995;

(b)Ruling No. 726/1 of 2002;

(c)Ruling No. 1242/1/2002 of 22 September 2002;

(d)Administrative court ruling No. 1951 of 29 December 2002 issued in case No. 2139 of 2002.

Q4. Please describe the role, if any, of non-governmental organizations in the implementation of the Convention and in the preparation of the State party’s report (see the Committee’s provisional guidelines regarding the form and content of initial reports, HRI/GEN/2/Rev.2/Add.1, para. 3 (d)).

11.As regards the role of “non governmental organizations” in the preparation of the report, this depends on the needs: where necessary, a representative is invited to participate in the work of the drafting committee.

12.As for the role of non governmental organizations in the implementation of the Convention, they are involved in certain cases; for example, when migrants are victims of human trafficking offences, these organizations contribute to the care and training provided to ensure their social reintegration. Many associations carry out such initiatives as the need arises. The law and the judiciary also have a role to play; the provisions of the Convention became part of domestic law after ratification.

Q5. Please specify what measures have been taken by the State party to promote and publicize the Convention among the public, and in particular among migrant workers and members of their families, as well as State authorities.

13.The Syrian Arab Republic has an extensive and strong trade union system, represented by the General Confederation of Trade Unions and its affiliates at the provincial level, and local unions in the administrative districts at the lowest level. This organizational structure carries out regular awareness raising activities through lectures, seminars and publications, in order to communicate with workers and inform them of their rights under national law and international treaties.

14.In addition, a workers’ newspaper is circulated in the provinces, and the trade unions present workers’ education and awareness programmes on radio and television.

15.Arab migrant workers keep abreast of the legal situation, but migrants who do not speak Arabic (of whom there are very few) generally obtain information from their embassies.

16.Moreover, all Syrian legislative texts, including international treaties ratified by Syria, are invariably published in the Official Gazette, and most of the time they are reproduced in full in the Syrian press. They are accessible to everyone in case of need via the Internet and the Arab Labour Encyclopedia, which contains all the labour legislation enacted by Arab countries, on the web page of the League of Arab States. State departments and public sector employers undertake to inform their employees of all legal matters relating to them.

Q6. Please provide the Committee with a copy of the Arab Labour Mobility Convention, and with information concerning any other bilateral or multilateral agreements concluded in the field of migration, including agreements concerning employment, protection, double taxation, social security, return and readmission as well as temporary labour programmes.

17.A copy of the requested agreements concluded between the Syrian Arab Republic and neighbouring States is attached. These generally regulate the legal status of Syrian migrant workers in those States and, conversely, workers from those States migrating to Syria, which is rare.

18.The Syrian Arab Republic has signed several agreements with Arab and other States to prevent double taxation and evasion of income tax.

19.Such agreements have been concluded with the following Arab States: United Arab Emirates, Bahrain, Kuwait, Egypt, Lebanon, Tunisia, Algeria, the Sudan, Jordan, Oman, Qatar, Morocco.

20.They have been concluded with the following non Arab States: Ukraine, Bulgaria, Poland, Russian Federation, Belarus, Cyprus, Pakistan, Indonesia, Islamic Republic of Iran, Turkey, Democratic People’s Republic of Korea, Malta, Armenia, Malaysia, Italy.

21.The Syrian Arab Republic has signed agreements on the return and readmission of migrants with the following States: Greece, Cyprus, Turkey, Italy, Romania, Pakistan, RussianFederation, Jordan, Yemen.

22.These agreements set forth the procedures to be followed for the return and readmission of migrants without prejudice to international obligations.

Q7. While noting the State party’s explanation that migrant workers in the Syrian Arab Republic are typically nationals of other Arab States, the Committee would appreciate if the State party could explain whether all migrant workers as defined in the Convention, including non-Arab workers and temporary workers employed by foreign companies, equally enjoy the rights enshrined in the Convention, without regard to their country of origin. Please provide the Committee with details of any legislative provisions in this field. With reference to paragraph 37 of the State party’s report, please provide information on the enjoyment of constitutional rights by migrant workers and members of their family who are undocumented.

23.The mere existence of an employment contract makes the relationship with an employer subject to the Labour Code and its implementing regulations, as well as other relevant regulations. Accordingly, Syrian law does not discriminate on grounds of nationality or legal status. In other words, the contractual employment relationship is not governed by law on grounds of personal criteria or nationality, but by virtue of being consigned in a duly signed employment contract.

24.Temporary workers employed by foreign companies to work in Syria are subject to their contracts, if they are not contrary to Syrian law in that they impair or diminish those workers’
rights. The Committee is well aware of the principle that Syrian law prevails in all employment relationships within Syrian borders. Moreover, migrant workers and persons working in the Syrian Arab Republic are entitled to seek redress through the Syrian labour courts in the event of any violation of their rights by their employer. Access to the Syrian labour courts is free of charge and workers filing complaints do not have to pay any fees or costs.

25.As regards the enjoyment of constitutional rights by migrant workers, the latter are placed on an equal footing with Syrians, as the Constitution lays down general humanitarian principles, leaving the details to the ordinary law.

26.As regards migrant workers “who are undocumented”, in the words of the question, a distinction is drawn between the following two cases:

(a)A migrant entering the Syrian Arab Republic who is not a worker, and who is required to have all the necessary documentation; this is not relevant here;

(b)A migrant entering Syria without being in possession of all the required documents, in which case he or she is only granted a work permit after obtaining all the proper documents.

Q8. Please provide information on the State party’s initial experience with the implementation of Decree No. 81 (2006) on the regulation of recruitment agencies for non-Syrian domestic workers.

27.At the beginning of 2007, the Syrian Ministry of Social Affairs and Labour started taking legal measures to regulate the work of private agencies which recruit and employ non Syrian female domestic workers. This involved developing the necessary legal instruments to define the mechanisms, rules and conditions for licensing such agencies and using their services in the Syrian Arab Republic in accordance with Legislative Decree No. 62 of 2007 (a copy of which is attached) and Prime Ministerial Decision No. 81 of 2006 (already sent to you), and with the relevant international treaties ratified by the Syrian Arab Republic. These agencies formerly operated without adequate regulation, and some of them exploited female workers or clients.

28.In order to regulate these agencies and ensure that they observe workers’ rights, a legal mechanism has been developed for the agencies and the relevant State bodies. A manual was prepared and distributed to all the directorates of social affairs and labour in the country, clearly setting out recruitment procedures, as well as rights and obligations. A standard employment contract was developed for all female workers, setting out their rights and obligations, without placing any financial burden on them.

29.Five such agencies have already been licensed in the Syrian provinces, and applications to establish over 30 more are currently being considered.

30.In order to ensure correct application and implementation, Decision No. 81 authorizes labour inspectors of the Ministry of Social Affairs and Labour to inspect these agencies and monitor the situation of the workers. Agencies are required to submit quarterly periodic reports, under penalty of having their licences revoked and their bank guarantees confiscated if workers
are subjected to any abuse, violence or infringement of their contractual rights. The Ministry of Labour is to sign a memorandum of understanding with the Government of Indonesia on the recruitment of Indonesian domestic workers for employment in Syria, once final agreement has been reached on the terms.

Q9. Please provide information on judicial and/or administrative mechanisms competent to examine complaints by migrant workers, including undocumented workers, in case of a violation of their rights.

31.This question has two aspects:

(a)In the event of any violation of a Syrian or migrant worker’s contractual or statutory rights, recourse to the labour courts is granted free of charge without any discrimination between workers. The fact of being a worker is enough to be given the right to seek redress in this jurisdiction. Decree No. 49 of 1962 contains provisions on dismissal and the procedures for judicial review in this respect. The Decree does not discriminate between Syrian and foreign workers: as long as a person is a worker he or she enjoys all the rights laid down in the Decree. Arbitrary dismissal is prohibited under Decree No. 49 of 1962, which requires an employer wishing to dismiss a worker to obtain prior authorization from the dismissals board established in each province, with the following membership:

(i)A judge nominated by the Ministry of Justice as Chairperson;

(ii)A representative of the Ministry of Social Affairs and Labour as a member;

(iii)A representative of the province or, in Damascus, a representative of the Ministry of the Interior as a member;

(iv)A representative of the trade unions as a member;

(v)A representative of the employers as a member.

(b)If a worker is undocumented, that means that he or she has not obtained a work permit at the outset and therefore does not have access to the labour courts. However, in that case the worker may seek redress before the ordinary courts in accordance with the general norms and rules of justice.

Q10. Please explain whether national legislation provides for the application of the Convention to refugees and/or stateless persons (article 3 (d) of the Convention). Please clarify the status accorded to Iraqi citizens who have moved to the Syrian Arab Republic since2003, and whether the State party considers that some or all of them enjoy rights under the Convention or might acquire such rights in the future. Please describe recent policies and practice with respect to visa requirements for Iraqi nationals, and any implications for obligations under the Convention, including article 65. Please also describe applicable policies on the expulsion and return of Iraqi nationals.

32.The Syrian legal system applies to all persons, without any discrimination based on colour, ethnic origin, religion or other grounds. The law encompasses all members of society and there are no special laws or decrees for one group at the expense of another, as everyone is covered by the laws in force.

33.On the other hand, while the scope of the Convention covers all migrant workers, it does not include refugees; there are admittedly some problems arising from the phenomenon of mixed migration movements and misuse of the asylum system.

34.As everyone knows, for the past few years the Syrian Arab Republic has been a host country for large numbers of Iraqis leaving their country because of the continuing wars to which they have been subjected by the occupation of their country by the United States of America. The Syrian Arab Republic is unable to provide job opportunities for them.